A personal injury is an accident caused by another person or a company. The incident such as a dog bite, car accident or slip and fall is considered an accident because the wrongful party didn’t mean for it to happen. That is why most personal injury cases aren’t criminal matters.
Personal injury laws allow a victim to recover damages to make them “whole” again. An accident may cause a financial setback for the victim. For instance, they suddenly have medical bills, miss work or have damaged property. Filing or settling a personal injury case with the help of a personal injury lawyer reisterstown md is supposed to help them financially recover from the accident.
Understanding How Maryland’s Personal Injury Laws Apply to Specific Cases
The term “personal injury” is a term used to describe any accident caused by another party that causes an injury to a victim. For instance, a car accident is considered a personal injury. Maryland’s auto insurance laws are based on who was at fault for the crash.
This means a person injured in a car accident can file a claim with the other driver’s insurance company or their own insurer. They can also file a case in Maryland court for damages.
A dog bite injury is also considered a personal injury case. It makes a dog’s owner strictly liable for a victim’s injuries if their dog bites them while running at large. It’s important to discuss a case with a personal injury lawyer to know which laws apply to that case.
Maryland Personal Injury Laws that Apply to Every Case
Each personal injury law is different. They also have different rules. However, all personal injury laws do apply to every case. One example of state personal injury laws applying to every case is the deadline to file. The legal term is called statute of limitations. The state gives a victim so long to file their case. They have three years from the date of the accident to file their case in county court. If they miss the deadline, they can’t pursue their case against the wrongful party.
Contributory negligence is another law that applies to every case. A defendant can use contributory negligence to avoid paying the injury victim. The defense claims the victim contributed to their own accident. If the claim is successful, the victim won’t receive any money. It doesn’t matter if the defendant was at fault.
Caps for Maryland’s Personal Injury Cases
Some states place a limit on how much a personal injury victim can recover in damages. This is called a “cap.” Maryland limits non-economic damages for all personal injury cases. Non-economic damages are those that can’t be calculated because they are subjective. One example of non-economic damages is pain and suffering. An injury caused by an accident that is not considered medical malpractice is limited to $755,000. It is limited to $1,132,500 if the accident was a wrongful death that didn’t involve medical malpractice with two or more beneficiaries.